Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: InABunkerUnderSF

By “use” I meant “interpret”, not the process of amending the constitution.

If you use the “To regulate commerce” clause of the constitution to ban the ownership of guns because guns are produced commercially and are shipped across state lines, then the 2nd amendment is useless............


27 posted on 12/22/2008 8:39:12 AM PST by Red Badger (I was sad because I had no shoes to throw, until I met a reporter who had no feet.....)
[ Post Reply | Private Reply | To 26 | View Replies ]


To: Red Badger

The second amendment comes after the commerce clause and the fifth amendment comes after the second.

The due process clause has been used for two centuries and without it a lot of things, from the death penalty to keeping ACORN from registering convicted felons in prison to vote to barring convicted sex offenders from living near schools after their release, go out the window. States can and do enact laws restricting ownership of firearms by those convicted of felonies based upon the due process clause of the fifth amendment.

I agree that “regulating commerce” as a means of regulating the right to keep and bare arms is a red herring. I wonder though why the same interpretation of the commerce clause that makes a Texas drivers license valid in New York City doesn’t make a Texas concealed carry license valid in New York city.


30 posted on 12/22/2008 9:16:26 AM PST by InABunkerUnderSF (Illegal Immigration is not about the immigration. Gun control is not about the guns.)
[ Post Reply | Private Reply | To 27 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson